Merger of zoning panels approved

Common Council OKs change on 5-4 vote.

Common Council OKs change on 5-4 vote.

April 29, 2009|By JAMIE LOO Tribune Staff Writer

SOUTH BEND -- The city's Board of Zoning Appeals will be combined with the Area Board of Zoning Appeals. The Common Council voted on the change in a 5-4 vote Monday. The council discussed the ordinance at its April 13 meeting but tabled it because members had more questions about the representation on the board. Council member David Varner, R-5th, said a board with fewer city residents could hypothetically lead to some unfavorable decisions, which residents may hold the council responsible for. St. Joseph County Area Plan Commission executive director John Byorni said the board would consist of seven members with at least three members from South Bend. Byorni said BZA board members listen to neighborhood concerns and take those into consideration at their hearings. BZA handles smaller neighborhood zoning issues, he said. Special exceptions such as a cell phone tower would need council approval, Byorni said, so the council would have oversight over larger issues the BZA handles. Former BZA member David Sassano said during the council's afternoon committee meeting that he understands the idea is to streamline the process but that it puts a large burden on the volunteer board. Board members are expected to learn the zoning code and adhere their decisions to the code. Although the change may reduce duplication between the boards, Sassano said it could lead to meetings lasting for hours with members weighing up to 30 different issues at once. Sassano said there must be a better way to achieve efficiency. Council member Henry Davis, D-2nd, said he voted against the ordinance because he also was concerned about having enough city residents serving on the board. Joining Davis in dissent were Varner, Derek Dieter, D-1st, and Timothy Rouse, D-at large. Council members Tom LaFountain, D-3rd; Ann Puzzello, D-4th; Oliver Davis, D-6th; Karen White, D-at large; and Al "Buddy" Kirsits, D-at large, voted in favor of the ordinance. Council attorney Kathy Cekanski-Farrand said because ABZA is a county board, the St. Joseph County Council also will need to approve a similar code change. Staff writer Jamie Loo: jloo@sbtinfo.com (574) 235-6337